Wednesday, December 14, 2011

On behalf of American Bird Conservancy, today we filed a detailed rulemaking petition with the U.S. Department of the Interior and U.S. Fish & Wildlife Service (FWS). The petition requests FWS to promulgate regulations under the Migratory Bird Treaty Act (MBTA) establishing a comprehensive permitting system for wind power projects that is designed to avoid and minimize adverse impacts on migratory birds. The petition describes the need for such a system and the legal framework under which FWS has more than sufficient authority to promulgate such regulations. Further, the petition examines in detail the several benefits of the proposed permitting system and also offers specific regulatory language that would accomplish the objectives identified in this petition. The proposed regulations seek to protect migratory birds at risk from wind energy projects, and at the same time provide the industry with the legal certainty that wind developers in compliance with a permit would not be subject to penalties for violation of the MBTA.